Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More


(Guest)

Husband filed divorce

Hi All, Finally got to know through my lawyer that my husband has filed divorce case against me...a week back. When will i get the notice? my lawyer is trying to get a petition copy in the meantime. I have not filed any case soo far and what shud be my next move. I dont know the grounds, but as far as my knowledge goes, it would be mental cruelity/willful desertion. Marriage is just one year old. What should be my next step? please advice me? will it help if i file RCR now? Experts pls. advice.


Learning

 21 Replies

Manish Udar (www.Mehnat.IN)     01 April 2013

Yes you file RCR

www.mehnat.in


(Guest)
@ Manish Sir, How do i contest the divorce case? And what should be my stand in RCR case? Will it ( RCR) be treated as a counter blast of his divorce case ?

DV victimmmm ( )     01 April 2013

 

 

@Charu Latha,your next step depends on what you want. If you want to live with your husband, you have legal remedies available. In case, you don't want live with him anymore, try to settle the matter by taking MCD and move on in your life.


(Guest)

When will i get the notice?

It depends on the postal medium your Husband's Advocate has used.

 

I have not filed any case soo far and what shud be my next move.

You can wait to receive the notice. And after receiving the notice, you should either reply to notice or directly attend the hearings. At the hearings, if you don't want Divorce, then you should disprove all allegations of mental cruelty/willful desertion.

 

will it help if i file RCR now?

If you want to continue your married life then defeat your Husband in Divorce case. You can also file petition for RCR to get your Husband back in your life. But remember, RCR and Divorce cases, both run separately. Filing RCR doesn't mean that you will win in the Divorce case. Both cases will run on their respective merits.


(Guest)
Thank you all for your replies. I dont want RCR, because i dont want myself to visit courts no.of times for these cases. I want to keep my focus only on this divorce case. I am not interest in any maintainence or IA or anything. I just want to contest this case. I want to have some counselling sessions with my husband. What should i do for that ? Will court ask my husband to attend these. What are the chances of succeeding in divorce case if i contest ?

Msk-need -nuetral- laws (self)     01 April 2013

@ Charu..

Numerous times we had highlighted in your posts, no one can force a unwilling husband to co-habitate. Even if you file RCR or contest the divorce and dismiss the original pettition at the end of the day, if he is unwilling you cannot force, only in book spirit, you are legally wedded wife. 

1 Like

(Guest)

:-(


Did your parents spoke with your husband and settled the differences between them. Thats the root cause sadly.


(Guest)

There`ll be atleast one counselling session before the actual case starts.Further sessions depends on both parties` willingness to undergo counselling.

JASWANT VIJAY AGNIHOTRI (AIR ARMY)     04 April 2013

go for MCD and live peacefully if u dont want any money talk to ur husband and file mcd

ashoksrivastava (scientist)     04 April 2013

Charu many a times ego , lack of communication and hesitation in taking the first step towards reconciliation becomes the biggest barrier in ironing out the differences between spouses.Since you do not need maintenance catch the first available flight etc to your matrimonial home . have a truthful and one to one frank discussion with your husband.If nothing works out to save the marriage.donot burden yourslf with unnecessary litigation. he can always pretend to go through the process of counselling in court . but it won't serve any purpose.If he remains adamant on divorce and if you are very sure that financially you don't need his support. Tell him graciously "DEAR PL. ACCEPT THIS PARTING GIFT OF MCD FROM YOUR LOVING WIFE. IWISH YOU ALL THE HAPPINESS IN LIFE". After this meeting forgive and forget. THERE WILL BE LIFE BEYOND HIM.regards

Ashok

fighting back (exec)     04 April 2013

@mani..great said, contested or not, the marriage is over once husband files the divorce case, from there on, the marriage is only left on a piece of paper called the marriage certificate. rest is reduced to ashes. remember,

@charu...Dnt just disaaprove your husbands divorce case, anyne who files it, files only after a lot of thought of the extra baggage a divorce petition carries with it, especially for a husband, baggage like 125, HMA 24, child maintainence, alim,\ony etc. so if the husband has gone ahead and filed it, then it shows only one thing....HE HAS MADE UP HIS MIND TO PART WAYS.........................................................get a MCD and move on in life, instead of crying over a dead body (your marriage)

2 Like

(Guest)

Thank you all for your advices.


(Guest)
Originally posted by : charu latha

Thank you all for your advices.

 

Wishing you noting but good.

Mango (Consultant)     05 April 2013

Charu @ Sorry to hear what has happened with you... Stay positive and keep trying to align yourself with your husband. It seems to me that he is misguided either by lawyer or his family members or external factors (biased laws).

 

For the time being, he won't listen to you but don’t lose hope... You plan to fight it until death... Don’t be scared from court and mediation center. Focus on what you need in your life i.e. Husband. All you need is a well settled life with your loving husband.

 

Don't break-out after reading the divorce case... Divorce petition will have lot of points, which you may not have thought before... For each type of "Home Demolition", there is a template available with lawyers... Purple one for DV, Red one for 498a, Green one for Maintenance and Black one for Divorce... Please don't feel low after going through the divorce petition... It’s just petition prepared by lawyer to show his fighting capability against a girl who is not ready to fight even!

 

Keep your mind cool... So far, you haven't done anything wrong to him and so everything is going to be alright with you... Don't lose your temperament at all... Don't be scared...

 

Request for counseling sessions and make sure to say only the positive things... Let him feel something for you in the initial sessions and slowly he'll start understanding you well... It’s not going to happen in one day... Remember, it’s a gradual process...  Keep your focus that you have to keep your marriage alive... He does not know what he is doing now but you are very much matured and know what to do...

 

Personally, I feel there is no happy and content life after divorce... Marriage is one time deal. Remember your chances are fair to get into this relationship again. It’s up to you how sensibly you behave and tackle this situation.

 

God Bless You... All the best!

 

Mango

2 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register